20/02/2020 – Jurisdiction Ontario
Part 70 published on 01/06/2020
Court dismisses owner’s claim for oppression. No vote of owners required to authorize required replacements of balconies and elevator
The owner alleged that the condominium corporation should have called for a vote respecting the decision to replace balconies and the elevator (and to levy a special assessment for these purposes). The owner alleged that the corporation’s failure to call for a vote amounted to oppression.
The Court dismissed the owner’s application. The Court said:
In finding the balcony and elevator work to be remedial and covered under s. 97 (1), the work is not subject to a voter approval process under s. 97(4). Consequently, the applicant’s expectation there be a vote of unit owners prior to the 2017 Special Assessment is not reasonable.
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In summary, I am persuaded that the law sustains the Board’s actions in this case. In the appropriate circumstances, Condominium Boards can levy Special Assessments and have done so as a necessary component of management: McDonough v. York Condominium Corp. No. 41, [1990] O.J. No. 2791, at para. 62. Such assessments for the purpose of remedial work do not require a vote, either by the declaration or under the Act.